4 Colo. Code Regs. § 801-1-8-D-I
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 801-1-8-D-I - Filing Coverage Designation Disputes with the Director8-106.The Coverage Designation Dispute Process. Only the issues identified in the Covered/Non-covered Employee Designation Dispute Form shall be considered by the Director.A.Internal Stage. The first stage is the department's internal dispute resolution process. Each department shall communicate and administer the internal dispute resolution process established by the Director. 1. To initiate the department's internal dispute resolution process, the employee shall notify the employee's supervisor or other authorized person in writing. Such notification may be verbal, but must communicate that the employee is initiating the internal coverage designation dispute process.2. A discussion between the employee and the supervisor or other authorized person shall occur within ten (10) days of the employee initiating the department's internal dispute resolution process.a. The employee may bring a representative, that may or may not be an attorney, to the discussion.b. A representative, that may or may not be an attorney, may participate and speak during the discussion but the employee is expected to answer any questions and actively participate.3. The department shall provide a written decision to the employee no later than twenty-five (25) days after the discussion.8-107.Notice of Director's Coverage Designation Dispute Rights. The department's designated Labor Relations representative and the certified employee organizations shall be notified by the department, in writing, of the right to dispute a department's final decision of the internal dispute regarding a covered designation.A. The notice shall include: 1. A statement setting forth the physical address, email address, website, telephone and facsimile numbers of the Director;2. The requirement that the dispute shall be in writing;3. The location of the Covered/Non-covered Employee Designation Dispute Form;4. Filing instructions for supporting documentation; and5. The requirement to include copies of the original written coverage dispute and the department's final decision of the internal dispute.8-108.The Director's Coverage Designation Dispute Stage. This external stage is administered by the Director. Only the issues in the original written coverage dispute filed with the department's internal dispute process shall be reviewed by the Director.A. The Director's Coverage Designation Disputes shall use the Covered/Non-covered Employee Designation Dispute Form.8-109.Where to file. The Covered/Non-covered Employee Designation Dispute Form and other documents may be filed by hand delivery, United States Postal Service, commercial delivery service, facsimile, or via email. A. The physical address for filing is State Personnel Director, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. 1. Normal business hours for the Director are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for official state holidays or days that state offices in Denver are closed due to weather or safety or by governor order.B. The facsimile number is 303-866-2021. Facsimile filings may not exceed ten (10) pages.C. Filings via email. 1. The email address for the Designation Disputes is DPA_LaborRelations@state.co.us.2. The subject line for the filing via email shall include:c. Case number (if a new Designation Dispute, write "New Designation Dispute"); and d. The phrase "Electronic Filing."e. Examples: "Department of State AAA12345 (2021-LR-0000) Electronic Filing" or "Department of State AAA12345 (New Designation Dispute) Electronic Filing."3. The Covered/Non-covered Employee Designation Dispute Form and any relevant documents must be attached to the email as a PDF document. The Director will only consider the contents of the attached documents. The Director will not consider information in the text of the email. The email is not a filing; rather the email is a method for parties to file something with the Director. Nothing in this paragraph precludes the Director from requesting the parties to submit additional documents.4. As with any filing, the attached filings shall be signed. This can be done by signing the document and scanning the document with the signature. This can also be done by writing or typing "/s/" followed by the filer's full name on the signature block line, so long as the person filing the document signs a paper form of the document and makes that form available for situations where the hearing officer might seek verification of the signature.D. Size and format of filings. All documents filed with the Director shall be prepared as follows:1. 8-1/2" x 11" page size, on plain, white paper (recycled paper preferred);3. No less than twelve (12) point font, excluding footnotes. Footnotes shall be no less than nine (9) point font;4. Margins of at least one inch (1") at the top, left, right, and bottom of each page; and5. If single-spaced, there shall be a blank line between each paragraph.37 CR 22, November 25, 2014, effective 1/1/201537 CR 24, December 25, 2014, effective 1/14/201540 CR 02, January 25, 2017, effective 2/14/201740 CR 23, December 10, 2017, effective 1/1/201840 CR 24, December 25, 2017, effective 1/14/201842 CR 19, October 10, 2019, effective 11/1/201943 CR 05, March 10, 2020, effective 4/1/202043 CR 13, July 10, 2020, effective 8/1/202043 CR 24, December 25, 2020, effective 2/1/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 10, May 25, 2021, effective 7/1/202144 CR 12, June 25, 2021, effective 9/1/202145 CR 11, June 10, 2022, effective 7/1/202245 CR 14, July 25, 2022, effective 9/1/202246 CR 08, April 25, 2023, effective 7/1/2023